QUIZ 3 juvenile

• Marriage is a social union or legal contact between individuals that creates kinship
• Marriage is a social union or legal contact between individuals that creates kinship
• Marriage - it is an institutional in which interpersonal relationships, usually intimate and sexual, are acknowledge by a variety of ways, depending on the culture or demographic
• Union may be also called Matrimony
• the ceremony that marks its beginning is usually called a wedding
• the marital structure created in marriage is known as wedlock
• Legal capacity of contracting parties who must be female and a male - this means that the parties MUST GAVE THE NECESSARY AGE or NECESSARY CONSENT OF PARENTS in certain cases
• Age 18 to 21 - needs parental CONSENT
• Age 22 to 25 - needs parental ADVISE
• Parental consent and parental advice CANNOT be used interchangeably
• Age 18 to 21 - needs parental CONSENT
• Age 22 to 25 - needs parental ADVISE
• Parental consent or Parental advice is required during the application for a MARRIAGE LICENSE
• The marriage of a person below 18 year of age even with the consent of the parents, are VOID AB INITIO
• void ab initio means void from the very beginning
• AUTHORUTY OF SOLEMNIZING OFFICER

  1. Any incumbent member of the judiciary within the courts jurisdiction
  2. Any priest, rabbi, imam, or minister of any church religious sector
  3. Any ship captain or airplane chief only in the case of ARTICULO MORTIS
  4. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation.
  5. Any consul-general, consul, or vice consul
  6. Mayors - according to Local Government Code
• Articulo Mortis means AT THE POINT OF DEATH
• under the FAMILY CODE governors, mayors, and ambassadors are not authorized to perform marriages
• under the LOCAL GOVERNMENT UNIT, mayors are now authorized to perform marriages within their jurisdiction
• the marriage license shall be valid in any part of the Philippines for a period of 120 days from the date of issue, and shall be deemed automatically cancelled at the expiration of said period if the contracting parties have not made of it
• Exemption from having license:

  1. Marriage in articulo mortis
  2. Marriage in remote places
  3. Marriage of people who have previously cohabited for at least 5 years
  4. Marriage between Pagans or Muslim
• in marriage ceremony, it shall be held with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses
• Filiations - the judicial determination of paternity which is the relation of child to the father.
• Filiation of children may be by nature or by adoption
• Paternity - civil status or relationship of the father to the child

  Filiation - civil status or relationship of the child to the father
• in annulment, the marriage is defective at the very beginning
• in legal separation , there was no defect in the marriage at the beginning
• The cause of annulment must be already existing at the time of marriage
• the cause of legal separation arises after the marriage separation
• there are 7 ground for annulment, while there are 10 grounds for legal separation
• annulments dissolves the marriage bond, and thus the parties are free to marry again. On the other hand, in legal separation, marriage remains
• if the marriage dissolves due to annulment, the parties are free to marry again after 1 year
• Legitimate child - one conceived or born during the marriage
• For the case of insemination, the child would be considered legitimate child provided that both of the husband and wife authorized such insemination in a written instrument executed and signed by the before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child
• Illegitimate child - Children conceived outside the valid marriage
• Under RA 9255, illegitimate child may use the surname of their father if their filiation has been expressly recognized by the father
• Illegitimate Children may use the surname of their father either through:

  1. Record of Birth Certificate
  2. Father's admission in public document
  3. Father's admission in private handwritten document
• Adopted child - legally made the son and daughter of someone other than the biological parent
• Legitimated child - conceived and born outside wedlock our parents who at time of the conception of the child, we're not disqualified by any impediment to marry each other